[Congressional Record Volume 147, Number 16 (Tuesday, February 6, 2001)]
[Senate]
[Pages S1085-S1087]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Ms. SNOWE (for herself and Mr. Torricelli):
  S. 263. A bill to amend title 5, United States Code, to ensure that 
coverage of bone mass measurements is provided under the health 
benefits program for Federal employees; to the Committee on 
Governmental Affairs.
  S. 264. A bill to amend title XVIII of the Social Security Act to 
expand coverage of bone mass measurements under part B of the medicare 
program to all individuals at clinical risk for osteoporosis; to the 
Committee on Governmental Affairs.
  Ms. SNOWE. Mr. President, I rise today to introduce two bills which 
build on progress made in the last few years in the difficult and 
challenging fight against osteoporosis. I am pleased to be joined by my 
friend, Senator Torricelli of New Jersey, as an original cosponsor of 
these bills.
  Osteoporosis is a major public health problem affecting 28 million 
Americans, who either have the disease or are at risk due to low bone 
mass. Osteoporosis causes 1.5 million fractures annually at a cost of 
$13.8 billion--$38 million per day--in direct medical expenses. In 
their lifetime, one in two women and one in eight men over the age of 
50 will fracture a bone due to osteoporosis. Amazingly, a woman's risk 
of a hip fracture is equal to her combined risk of contracting breast, 
uterine, and ovarian cancer.
  Osteoporosis is largely preventable and thousands of fractures could 
be avoided if low bone mass were detected early and treated. Though we 
now have drugs that promise to reduce fractures by 50 percent and new 
drugs have been proven to actually rebuild bone mass, a bone mass 
measurement is needed to diagnose osteoporosis and determine one's risk 
for future fractures.
  And we have learned that there are some prominent risk factors: age, 
gender, race, a family history of bone fractures, early menopause, 
risky health behaviors such as smoking and excessive alcohol 
consumption, and some medications all have been identified as 
contributing factors to bone loss. But identification of risk factors 
alone cannot predict how much bone a person has and how strong bone is.
  Congress passed the Balanced Budget Act 3\1/2\ years ago. In doing 
so, we dramatically expanded coverage of osteoporosis screening through 
bone mass measurements for Medicare beneficiaries.
  Since we passed this law, we have learned that under the current 
Medicare law, it is very difficult for a man to be reimbursed for a 
bone mass measurement test. Each year, men suffer one-third of all the 
hip fractures that occur, and one-third of these men will not survive 
more than one year. In addition to hip fracture, men also experience 
painful and debilitating fractures of the spine, wrist, and other bones 
due to osteoporosis.
  The first bill we are introducing today, the Medicare Osteoporosis 
Measurement Act, would help all individuals enrolled in Medicare to 
receive the necessary tests if they are at risk for osteoporosis.
  Currently, Medicare guidelines allow for testing in five categories 
of individuals--and most ``at risk'' men do not fall into any of them. 
The first category in the guidelines is for ``an estrogen-deficient 
woman at clinical risk for osteoporosis.'' The Medicare Osteoporosis 
Measurement Act changes this guideline to say that ``an individual, 
including an estrogen-deficient woman, at clinical risk for 
osteoporosis'' will be eligible for bone mass measurement. This 
change--of just a few words--will vastly increase the opportunities for 
men to be covered for the important test.
  The second bill Senator Torricelli and I are introducing today is 
similar to the Medicare bone mass measurement benefit. The Osteoporosis 
Federal Employee Health Benefits Standardization Act guarantees the 
same uniformity of coverage to Federal employees and retirees as 
Congress provided to Medicare beneficiaries in 1997.
  Unfortunately, coverage of bone density tests under the Federal 
Employee Health Benefit Program, FEHBP, is inconsistent. Instead of a 
comprehensive national coverage policy, FEHBP leaves it to each of the 
almost 300 participating plans to decide who is eligible to receive a 
bone mass measurement and what constitutes medical necessity. Many 
plans have no specific rules to guide reimbursement and cover the tests 
on a case-by-case basis. Some plans refuse to provide consumers with 
information indicating when the plan covers the test and when it does 
not and some plans cover the test only for people who already have 
osteoporosis.
  Mr. President, we know that osteoporosis is highly preventable, but 
only if it is discovered in time. There is simply no substitute for 
early detection. These bills will ensure that all Medicare 
beneficiaries at risk for osteoporosis will be able to be tested for 
this disease, and will standardize coverage for bone mass measurement 
under the FEHBP.
  I hope that our colleagues will join Senator Torricelli and me in 
supporting these bills.
                                   ____
                                 
      By Mr. FITZGERALD (for himself, Mr. Bayh, Mr. Brownback, Mr. 
        Kohl, and Mr. Durbin):

[[Page S1086]]

  S. 265. A bill to prohibit the use of, and provide for remediation of 
water contaminated by, methyl tertiary butyl ether; to the Committee on 
Environment and Public Works.
  Mr. FITZGERALD. Mr. President, I rise today to introduce the ``MTBE 
Elimination Act of 2001.'' I thank my colleagues--Senators Bayh, 
Brownback, Kohl, and Durbin for joining me as original co-sponsors of 
this important legislation. I have become deeply concerned by the use 
and ultimate misuse of the gasoline additive methyl tertiary butyl 
ether, MTBE, a nonrenewable fuel derivative, and its potential adverse 
health effects on those who come in contact with it. As my colleagues 
may remember, I introduced the ``MTBE Elimination Act of 2000" last 
Congress, but no action was taken in the 106th Congress to eliminate 
the use of this potentially hazardous chemical additive.
  Specifically, the ``MTBE Elimination Act of 2001'' will phase out 
MTBE use across the United States over the next three years, ensure 
proper labeling of all fuel dispensaries containing MTBE enriched 
reformulated gasoline, provide grant awards for MTBE research, and 
express the sense of the Senate that the Administrator of the 
Environmental Protection Agency should provide assistance to 
municipalities to test for MTBE in drinking water sources, as well as 
provide remediation where appropriate. This bill represents an 
important first step toward nationwide safe and healthy drinking water.
  Despite the potential damaging effects of MTBE, research of this 
chemical is still in its preliminary stages. In February of 1996, the 
Health Effects Institute reported that MTBE could be classified as a 
neurotoxicant for its acute impairment effects on humans. Further, the 
Alaska Department of Health and Social Services and the Centers for 
Disease Control from December 1992 through February 1993 monitored 
concentrations of MTBE in the air and in the blood of humans. These 
studies showed that people with a higher concentration of MTBE in their 
bloodstream have a much greater tendency toward headaches, eye 
irritation, nausea, disorientation, and vomiting. Finally, the January 
16, 2000 broadcast of the ``60 Minutes'' show noted, ``the EPA's 
position is that MTBE is a possible human carcinogen.'' Mr. President, 
we must remove this kind of chemical from our Nation's drinking water 
supply.
  Widespread pollution of water systems by MTBE has been perpetuated by 
a lack of knowledge, as well as indifference, to this potentially 
hazardous substance. MTBE does not readily attach to soil particles, 
nor does it naturally biodegrade, making its movement from gasoline to 
water extremely rapid. The physical properties of MTBE, coupled with 
its potential adverse health effects, make the use of this specific 
oxygenate dangerous to the American people.
  The elimination of the use of MTBE in reformulated gasoline should 
not mean the removal of the oxygenate requirement set forth under the 
Clean Air Act of 1990--which requires reformulated gasoline to contain 
two percent oxygen by weight. I believe it to be reasonable for our 
nation to expect both clean air and clean water, without having to 
eliminate the reformulated gasoline market or sacrifice our national 
health.
  According to the United States Department of Agriculture study 
entitled ``Economic Analysis of Replacing MTBE with Ethanol in the 
United States,'' replacing MTBE with the corn-based oxygenate additive 
ethanol would create approximately 13,000 new jobs in rural America, 
increase farm income by more than $1 billion annually over the next ten 
years, and reduce farm program costs and loan deficiency payments 
through an expanded value-added market for grain. Furthermore, the U.S. 
Department of Agriculture has concluded that within three years, 
ethanol can be used as a substitute oxygenate for MTBE in nationwide 
markets without price increases or supply disruptions.
  Ethanol has proven to be a viable, environmentally-friendlier 
alternative to MTBE. The Chicago reformulated gas program (RFG) has 
used ethanol for years, and according to the American Lung Association, 
Chicago has established one of the most successful RFG programs in the 
country. Ethanol is vitally important to my home state since Illinois 
is the number one producer of ethanol in the nation. Each year, 274 
million bushels of Illinois corn are used to produce about 678 million 
gallons of ethanol. At a time when agricultural prices are at near-
record lows, this increased demand is sorely needed.
  Recently, Tosco Corporation, one the nation's largest independent oil 
refiners and marketers, announced its intention to sell ethanol-blended 
fuel from its 1,600 retail outlets throughout California. This decision 
will result in the replacement of MTBE with ethanol in one-fifth of 
California's reformulated gasoline by the end of this year, thereby 
helping to protect California's water supply for future generations, 
while keeping its air clean. The bill that I introduce today paves the 
way for this important bio-based fuel to be used not only in California 
and the Midwest, but nationwide. By supporting bio-based fuel through 
legislative measures such as this bill, we are taking positive and 
decisive steps toward cleaning our nation's water, and the environment 
we will leave for our children and grandchildren.
  This legislation will send a signal that the Senate strongly supports 
bio-based fuels research and recognizes the need to find viable ways to 
reduce our dependency on fossil fuels.
  Through research programs, localized testing, and proper labeling we 
can help assure that MTBE is properly identified in gasoline, extracted 
from groundwater, and phased out of use thereby reducing the risk of 
future MTBE contamination.
  By phasing out MTBE over a three year period and replacing it with 
ethanol, we can help secure an ample supply of reformulated gasoline, 
clean water, and clean air for future generations. This bill should 
enjoy bipartisan support. I urge my colleagues to join me in co-
sponsoring this bill that is so important to the well being of the 
environment as well as our nation's farmers.
  I ask unanimous consent that the bill be printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                 S. 265

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``MTBE Elimination Act''.

     SEC. 2. FINDINGS; SENSE OF THE SENATE.

       (a) Findings.--Congress finds that--
       (1) a single cup of MTBE, equal to the quantity found in 1 
     gallon of gasoline oxygenated with MTBE, renders all of the 
     water in a 5,000,000-gallon well undrinkable;
       (2) the physical properties of MTBE allow MTBE to pass 
     easily from gasoline to air to water, or from gasoline 
     directly to water, but MTBE does not--
       (A) readily attach to soil particles; or
       (B) naturally degrade;
       (3) the development of tumors and nervous system disorders 
     in mice and rats has been linked to exposure to MTBE and 
     tertiary butyl alcohol and formaldehyde, which are 2 
     metabolic byproducts of MTBE;
       (4) reproductive and developmental studies of MTBE indicate 
     that exposure of a pregnant female to MTBE through inhalation 
     can--
       (A) result in maternal toxicity; and
       (B) have possible adverse effects on a developing fetus;
       (5) the Health Effects Institute reported in February 1996 
     that the studies of MTBE support its classification as a 
     neurotoxicant and suggest that its primary effect is likely 
     to be in the form of acute impairment;
       (6) people with higher levels of MTBE in the bloodstream 
     are significantly more likely to report more headaches, eye 
     irritation, nausea, dizziness, burning of the nose and 
     throat, coughing, disorientation, and vomiting as compared 
     with those who have lower levels of MTBE in the bloodstream;
       (7) available information has shown that MTBE significantly 
     reduces the efficiency of technologies used to remediate 
     water contaminated by petroleum hydrocarbons;
       (8) the costs of remediation of MTBE water contamination 
     throughout the United States could run into the billions of 
     dollars;
       (9) although several studies are being conducted to assess 
     possible methods to remediate drinking water contaminated by 
     MTBE, there have been no engineering solutions to make such 
     remediation cost-efficient and practicable;
       (10) the remediation of drinking water contaminated by 
     MTBE, involving the stripping of millions of gallons of 
     contaminated ground water, can cost millions of dollars per 
     municipality;
       (11) the average cost of a single industrial cleanup 
     involving MTBE contamination is approximately $150,000;

[[Page S1087]]

       (12) the average cost of a single cleanup involving MTBE 
     contamination that is conducted by a small business or a 
     homeowner is approximately $37,000;
       (13) the reformulated gasoline program under section 211(k) 
     of the Clean Air Act (42 U.S.C. 7545(k)) has resulted in 
     substantial reductions in the emissions of a number of air 
     pollutants from motor vehicles, including volatile organic 
     compounds, carbon monoxide, and mobile-source toxic air 
     pollutants, including benzene;
       (14) in assessing oxygenate alternatives, the Blue Ribbon 
     Panel of the Environmental Protection Agency determined that 
     ethanol, made from domestic grain and potentially from 
     recycled biomass, is an effective fuel-blending component 
     that--
       (A) provides carbon monoxide emission benefits and high 
     octane; and
       (B) appears to contribute to the reduction of the use of 
     aromatics, providing reductions in emissions of toxic air 
     pollutants and other air quality benefits;
       (15) the Department of Agriculture concluded that ethanol 
     production and distribution could be expanded to meet the 
     needs of the reformulated gasoline program in 4 years, with 
     negligible price impacts and no interruptions in supply; and
       (16) because the reformulated gasoline program is a source 
     of clean air benefits, and ethanol is a viable alternative 
     that provides air quality and economic benefits, research and 
     development efforts should be directed to assess 
     infrastructure and meet other challenges necessary to allow 
     ethanol use to expand sufficiently to meet the requirements 
     of the reformulated gasoline program as the use of MTBE is 
     phased out.
       (b) Sense of the Senate.--It is the sense of the Senate 
     that the Administrator of the Environmental Protection Agency 
     should provide technical assistance, information, and 
     matching funds to help local communities--
       (1) test drinking water supplies; and
       (2) remediate drinking water contaminated with methyl 
     tertiary butyl ether.

     SEC. 3. DEFINITIONS.

       In this Act:
       (1) Administrator.--The term ``Administrator'' means the 
     Administrator of the Environmental Protection Agency.
       (2) Eligible grantee.--The term ``eligible grantee'' 
     means--
       (A) a Federal research agency;
       (B) a national laboratory;
       (C) a college or university or a research foundation 
     maintained by a college or university;
       (D) a private research organization with an established and 
     demonstrated capacity to perform research or technology 
     transfer; or
       (E) a State environmental research facility.
       (3) MTBE.--The term ``MTBE'' means methyl tertiary butyl 
     ether.

     SEC. 4. USE AND LABELING OF MTBE AS A FUEL ADDITIVE.

       Section 6 of the Toxic Substances Control Act (15 U.S.C. 
     2605) is amended by adding at the end the following:
       ``(f) Use of Methyl Tertiary Butyl Ether.--
       ``(1) Prohibition on use.--Effective beginning on the date 
     that is 3 years after the date of enactment of this 
     subsection, a person shall not use methyl tertiary butyl 
     ether as a fuel additive.
       ``(2) Labeling of fuel dispensing systems for mtbe.--Any 
     person selling oxygenated gasoline containing methyl tertiary 
     butyl ether at retail shall be required under regulations 
     promulgated by the Administrator to label the fuel dispensing 
     system with a notice that--
       ``(A) specifies that the gasoline contains methyl tertiary 
     butyl ether; and
       ``(B) provides such other information concerning methyl 
     tertiary butyl ether as the Administrator determines to be 
     appropriate.
       ``(3) Regulations.--As soon as practicable after the date 
     of enactment of this subsection, the Administrator shall 
     establish a schedule that provides for an annual phased 
     reduction in the quantity of methyl tertiary butyl ether that 
     may be used as a fuel additive during the 3-year period 
     beginning on the date of enactment of this subsection.''.

     SEC. 5. GRANTS FOR RESEARCH ON MTBE GROUND WATER 
                   CONTAMINATION AND REMEDIATION.

       (a) In General.--
       (1) Establishment.--There is established a MTBE research 
     grants program within the Environmental Protection Agency.
       (2) Purpose of grants.--The Administrator may make a grant 
     under this section to an eligible grantee to pay the Federal 
     share of the costs of research on--
       (A) the development of more cost-effective and accurate 
     MTBE ground water testing methods;
       (B) the development of more efficient and cost-effective 
     remediation procedures for water sources contaminated with 
     MTBE; or
       (C) the potential effects of MTBE on human health.
       (b) Administration.--
       (1) In general.--In making grants under this section, the 
     Administrator shall--
       (A) seek and accept proposals for grants;
       (B) determine the relevance and merit of proposals;
       (C) award grants on the basis of merit, quality, and 
     relevance to advancing the purposes for which a grant may be 
     awarded under subsection (a); and
       (D) give priority to those proposals the applicants for 
     which demonstrate the availability of matching funds.
       (2) Competitive basis.--A grant under this section shall be 
     awarded on a competitive basis.
       (3) Term.--A grant under this section shall have a term 
     that does not exceed 4 years.
       (c) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section $10,000,000 for 
     each of fiscal years 2002 through 2005.
                                 ______